Case law

Burt Lake Band of Ottawa and Chippewa Indians v. Zinke

District Court, District of Columbia · Mar 25, 2020

Procedures for Establishing That an Indian Group Exists as an Indian Tribe, 59 Fed. Reg. at 9285 (Feb. 25, 1994). … Duwamish Tribe, wrote, for example, that the new provision allowing for some re-petitioning “makes good sense because – as the revised regulations anticipate – some Tribes that were previously denied recognition might now qualify

Tefera v. Onewest Bank, Fsb

19 F. Supp. 3d 215 · District Court, District of Columbia · Jan 31, 2014

C to Compl., ECF No. 1-1 at 12-14); a letter dated June 6, 2013, from Tefera to OneWest Bank entitled “Qualified Written Request” (Ex. … Supp. 2d 91, 101 (“[A]n essential element of a wrongful foreclosure claim is establishing that the foreclosure was contrary to law.” (citation omitted)).

Harris v. Koenig

602 F. Supp. 2d 39 · District Court, District of Columbia · Mar 12, 2009

establish, under any of the definitions of “actual knowledge,” that Plaintiff did in fact have “actual knowledge” of sufficient facts to establish the existence of a violation of ERISA more than three years before they filed … Based on these allegations, Defendants could prevail “only if the Court could rule as a matter of law that [Old Waste] could never qualify as [a] fiduciary] under ERISA.” Bell, 191 *66 F.Supp.2d at 16.

Evans v. District of Columbia

754 F. Supp. 2d 30 · District Court, District of Columbia · Dec 9, 2010

Defendant argues that plaintiff has not established an “adverse employment action” because “the undisputed facts clearly establish that the plaintiff was not fired and did not experience a decrease in salary, grade level … Generally, to establish a prima facie case of discriminatory or retaliatory non-selection or failure to promote, plaintiff must show that “(1) she is a member of a protected class; (2) she applied for and was qualified for

Sierra Club v. Watkins

808 F. Supp. 852 · District Court, District of Columbia · Dec 9, 1991

Indeed, they establish a strict standard of compliance.” Calvert Cliffs’ Coordinating Comm., Inc. v. United States Atomic Energy Comm’n, 449 F.2d 1109 , 1112 (D.C.Cir.1971). IV. … Indeed, the agency’s choice of alternatives was quite calculating and qualifies as an abuse of discretion under 5 U.S.C. § 706 .

Equal Employment Opportunity Commission v. Rent-A-Center, Inc.

917 F. Supp. 2d 112 · District Court, District of Columbia · Jan 18, 2013

Undue Hardship If the plaintiff successfully establishes a prima facie case, “the burden shifts to the employer to show that it was unable reasonably to accommodate the plaintiff’s religious needs without undue … The employer could have replaced the employee on the missed shifts with “supervisory personnel,” with “qualified personnel” from other departments, or with other available employees through payment of “premium wages,” but

Billington v. Department of Justice

11 F. Supp. 2d 45 · District Court, District of Columbia · Aug 12, 1998

Given the customary trust established for relaying information between state, local, and foreign law enforcement agencies and the FBI, the court concludes that an implied confidential relationship was established.”). … Richard Yepez, according to Billington, provided information to the Government under a written promise of immunity. (Plaintiff's Memorandum, 19-20) 7 .

Meijer, Inc. v. Warner Chilcott Holdings Co. III, Ltd.

246 F.R.D. 293 · District Court, District of Columbia · Oct 22, 2007

1) the named representative must not have antagonistic or competing interests with the unnamed members of the class, and (2) the representative must appear able to vigorously prosecute the interests of the class through qualified … With respect to the Big Three, Defendants’ assertion is clearly undercut by the declarations of Messrs.

Ellis v. Georgetown University Hospital

723 F. Supp. 2d 42 · District Court, District of Columbia · Jul 12, 2010

Rather, the word “substantially” suggests “considerable” or “to a large degree,” and thus “clearly precludes impairments that *49 interfere in only a minor way.” Id. at 196— 197, 122 S.Ct. 681 . … Under this framework, a plaintiff must first establish a prima facie case of retaliation by establishing “(1) that he engaged in statutorily protected activity; (2) that he suffered a materially adverse action by his employer

Hi-Tech Pharmacal Co. v. United States Food & Drug Administration

587 F. Supp. 2d 1 · District Court, District of Columbia · Oct 10, 2008

has received tentative approval), the date that is 75 days after the date as of which, as to each of the patents with respect to which the first applicant submitted and lawfully maintained a [paragraph IV] certification qualifying … With that context in mind, the standard for a preliminary injunction is well-established.

MacOmb Foot, Ankle & Wound Care v. Becerra

District Court, District of Columbia · Mar 31, 2026

Macomb then requested reconsideration by a Qualified Independent Contractor (“QIC”), who also affirmed the denials for services rendered in October and November 2021 but dismissed the request as to date of service December … Plaintiffs here, as in Greiner, fail to establish standing as to this claim. See id.

Flake v. Bennett

611 F. Supp. 70 · District Court, District of Columbia · Mar 28, 1985

The Order also requires each Department and agency to establish a personnel security program. … This case is thus clearly outside the limit that Carducci imposes on this Court's subject matter jurisdiction. .

Ashraf-Hassan v. Embassy of France in the United States

878 F. Supp. 2d 164 · District Court, District of Columbia · Jul 20, 2012

Conceding that immunity does not protect it here, Mot. at 1, the Embassy has now filed a Motion to Dismiss under Rule 12(b)(6). II. … Plaintiff, however, points out that her EEO Charge clearly indicated that the discrimination she faced was not limited to Tual. See Opp. at 12.

McCallum v. Mayorkas

District Court, District of Columbia · May 2, 2023

Plaintiff alleges that Gonzalez and Rocha, both of whom are Hispanic, were “clearly close friends” and had developed a close relationship while working together at the Office of Public Affairs since January 2009. … Alleged retaliation following plaintiff’s November 2019 EEO activity Plaintiff’s remaining five claims occurred after she contacted an EEO officer on November 4, 2019, Compl. ¶ 8, conduct clearly reflecting that

Harris v. Medical Transportation Management, Inc.

District Court, District of Columbia · Mar 5, 2018

Additionally, Defendant must establish “a Comprehensive Transportation Network offering [a] number and variety of transportation providers to meet the needs of Recipients.” Id. ¶ C.1(a). … Plaintiffs here have failed to show the contracting parties clearly intended for them to be beneficiaries of the Contract.

Wilmina Shipping as v. United States Department of Homeland Security

934 F. Supp. 2d 1 · District Court, District of Columbia · Mar 27, 2013

The language of 33 U.S.C. § 1228 neither clearly grants nor clearly withholds authority to issue orders like the one before the Court. … But even after a foreign official certifies that a product qualifies, the USDA still may, at its discretion, terminate a foreign producer’s right to import. Id. at 1159–60.

Sebunya v. Mayorkas

District Court, District of Columbia · Mar 8, 2024

Cir. 1980) (“The[] purposes [of the rule] clearly are not served when one party . . . … The Court thus awards summary judgment to FEMA as to Sebunya’s hostile work environment claim. 24 qualified for the Puerto Rico assignment. Ex. 17 at 1.

Sokos v. Hilton Hotels Corp.

283 F. Supp. 2d 42 · District Court, District of Columbia · Sep 23, 2003

Defendant Hilton ignored the fact its agent Carley was not competent or qualified; nor was Carley’s background investigated to ascertain his fitness to make employment decisions or perform supervisory tasks at a hotel. … Id. at 169 , 103 S.Ct. 2281 (stating that to establish federal statute of limitation for a hybrid section 301 claim, the Court would "refer to § 10(b) of the National Labor Relations Act, which establishes a six-month period

Mentzer v. Lanier

677 F. Supp. 2d 242 · District Court, District of Columbia · Jan 6, 2010

To establish a prima facie case of retaliation, Plaintiffs “merely need[ ] to establish facts adequate to permit an inference of retaliatory motive.” Forman v. Small, 271 F.3d 285, 299 (D.C.Cir.2001). … However, the record clearly indicates that Mentzer asked to be removed from the HMU in June 2005: Q: When was the last time you worked there [in the HMU]? A: June of '05.

Bazarian International Financial Associates, LLC v. Desarrolloa Aerohotelco, C.A.

168 F. Supp. 3d 1 · District Court, District of Columbia · Feb 7, 2016

Supp. 2d 34, 42 (D.D.C. 2003) (stating plaintiff “cannot rely on conclusory allegations” to establish personal jurisdiction). … See Mwani, 417 F.3d at 8 (noting that “service of process does not alone establish personal jurisdiction”).